The U.S. Environmental Protection Agency (EPA) announced on August 8, 2025, that it seeks self-nominations from small businesses, governments, and not-for-profits to participate as Small Entity Representatives (SER) providing advice and recommendations for two separate Small Business Advocacy Review (SBAR) Panels. One SBAR Panel will focus on EPA's development of a proposed rule to address unreasonable risk identified in the Toxic Substances Control Act (TSCA) risk evaluation for asbestos part 2. A separate SBAR Panel will focus on EPA's development of a proposed rule to address unreasonable risk identified in the TSCA risk evaluation for formaldehyde. EPA states that other representatives, such as trade associations that exclusively or at least primarily represent potentially regulated small entities, may also serve as SERs. Nominations for the formaldehyde SBAR panel are due August 22, 2025. Nominations for the asbestos part 2 SBAR panel are due September 7, 2025.
The asbestos part 2 final risk evaluation for legacy uses and associated disposals of asbestos, issued in November 2024, shows unreasonable risk to human health, primarily for workers. The final risk evaluation for formaldehyde, issued in January 2025, shows unreasonable risk to workers and consumers under certain conditions of use. EPA states that it is beginning the next risk management step in the TSCA process and will draft regulations to protect public health from the unreasonable risks identified in the final risk evaluations. EPA notes that it is still determining if SBAR panels are necessary for tris(2-chloroethyl) phosphate (TCEP), diisononyl phthalate (1,2-benzenedicarboxylic acid, 1,2-isononyl ester) (DINP), and diisodecyl phthalate (DIDP). EPA completed the TSCA risk evaluation for TCEP in September 2024 and the TSCA risk evaluations for DINP and DIDP in January 2025. According to EPA, these chemicals will also be moving to risk management, which is the next step in the TSCA process.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
